Flexismart STC

Language: EN | BM

PLATINUM Package Benefits and Standard Terms & Conditions

1. Instant Benefits

Note: Cannot be utilized if there are any arrears or outstanding sums under the CSA Concerned or Services Agreement. Not transferable.

1.1. RM1 only Processing Fee for the credit sale agreement to be entered into between Purchaser and COURTS for goods which the Purchaser intends to purchase on credit ("CSA Concerned").
Note: Valid with any amount of goods purchased. RM1 Processing Fee is not applicable to Buy Now Pay Later promotion.

1.2. RM1 only Delivery charge for goods purchased in CSA Concerned.
Note: Valid with any amount of goods purchased. Void if not utilized or if not applicable. Not transferable.

1.3. RM1 only Installation charge for all 1 HP / 1.5HP / 2.0HP / 2.5HP Air Conditioner purchased in CSA Concerned.
Note: Valid for 60 months tenure with Extended Warranty (EW) only. Void if not utilized or if not applicable. Not transferable.

2. Instalment Waiver Benefits

Note: Subject to Standard Terms & Conditions Governing Instalment Waiver Benefits set out below.

Damage to Goods (Damage Event)

  • Maximum waiver RM30,000 for any one item
  • Maximum waiver RM80,000 per CSA Concerned

Loss of Life (Demise Event)

  • Maximum waiver RM30,000 for any one item
  • Maximum waiver RM60,000 notwithstanding more than one CSA Concerned

Hospitalization (Hospitalization Event)

  • Maximum waiver of 3 instalments of Maximum RM1,000 per instalment

Retrenchment (Involuntary Unemployment Event)

  • Maximum waiver of 12 instalments of Maximum RM1,000 per instalment

Standard Terms & Conditions Governing Instalment Waiver Benefits ("IWB")

1. Definitions

1.1. The words, expressions and phrases used herein shall have the same meaning as the words, expressions and phrases used in the Services Agreement ("SA") entered into between COURTS (Malaysia) Sdn Bhd (154820-D) ("COURTS") and the Purchaser (where applicable, and the Co-Purchaser) identified in the Schedule, Part A of the SA.

1.2. Reference to the expression "CSA Concerned" shall mean the Credit Sale Agreement entered into between COURTS and the same Purchaser (where applicable, and the same Co-Purchaser) named in the SA, identified with the CSA Account Number indicated in the Schedule, Part A of the SA.

1.3. Reference to the "IWB Table" shall mean and refer to the Table set out in the Schedule, Part E of the SA.

1.4. The following words, expressions and phrases wherever used herein shall have the following meanings:

1.4.1. The reference to "Purchaser" shall refer to the Purchaser and where applicable, the Co-Purchaser as indicated in the CSA Concerned.

1.4.2. The words "Damage Event" shall mean the total loss or damage of any of the Goods (as described in the CSA Concerned) caused by any of the following, whilst contained in a Building:-

  1. Fire but excluding loss or damage:

    1. by its own fermentation, natural heating or spontaneous combustion or by its undergoing any heating or drying process;
    2. by subterranean fire;
    3. by burning of property by order of any Public Authority;
  2. Lightning;
  3. Flood which shall mean the overflowing or deviation from their normal channels of either natural or artificial water courses, bursting or overflowing of public water mains and any other flow or accumulation of water originating from outside the Building containing the Goods but excluding loss or damage by subsidence or landslip;
  4. Impact by any road vehicles not belonging to Purchaser or under Purchaser's control or any member of Purchaser's family or employees;
  5. Bursting or overflowing of water tanks, apparatus or pipes from within the Building;
  6. Theft consequent upon forcible and violent entry or exit of the Building.
  7. Available only for Flexi Smart Platinum - Riots and strikers, locked-out workers or persons taking part in labour disturbances or malicious persons not acting on behalf of or in connection with any political organisation excluding:

    1. loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully constituted authority;
    2. loss or damage occasioned by permanent or temporary dispossession of any Building resulting from the unlawful occupation by any person of such Building;

The expression "Building" refers to the building within the Location, within which the Goods are contained. The expressions "total loss or damage" or "totally damaged" shall mean that the Goods concerned is damaged beyond economic repair.

For the avoidance of doubt, the expression "Goods" shall not include any bullion or unset precious stones, any curios or works of art, manuscripts, plans, drawings or designs, patterns, models or moulds, securities, obligations or documents of any kind, stamps, coins or paper money, cheques, books of account or other business books and computer systems records.

The expression "Damage Event" shall expressly exclude (1) any loss or damage occasioned by or through or in consequence of the burning whether accidental or otherwise of forests, bush, prairie, pampas or jungle and the clearing of lands by fire, (2) loss or damage happening whilst the Building containing the Goods is left without an inhabitant actually in them for a continuous period exceeding seven consecutive days and nights and (3) consequential loss of any kind.

1.4.3. The words "Demise Event" shall mean accidental bodily injury sustained by the Purchaser and such injury shall within 12 months from the date of the accident solely and independently of any other cause result in death or permanent total disablement (as defined in Clause 1.5 below) of the Purchaser.

1.4.4. The word "Event" shall mean a Damage Event, Demise Event, Hospitalization Event or Involuntary Unemployment Event, as the case may be.

1.4.5. The words "Hospitalization Event" shall mean an event where the Purchaser has sustained accidental bodily Injury and shall be necessarily confined as an In-Patient in a Hospital on the recommendation of a Physician other than himself.

  1. "Hospital" shall mean any institution which is legally licensed as a medical or surgical hospital in the country in which it is located and whose main activities are not those of a spa, hydroclinic, sanatorium, nursing home or home of the aged, and which must be under the constant supervision of a Physician.
  2. "In-Patient" shall mean the Purchaser who is admitted and registered as an in-patient and confined to a Hospital for a period of not less than 6 hours and for which the Hospital made a room and board charge.
  3. "Physician" refers to a legally licensed medical practitioner recognised by the Law of the country where treatment is provided, qualified by degree in Western medicine and who, in rendering such treatment, is practising within the scope of his licensing and training but excluding a medical practitioner who is the Purchaser himself or the relative of the Purchaser.
  4. "Injury" shall mean bodily injury caused by accidental means and within 12 months from the date of the accident and independently of any other causes resulting in the Purchaser's death or disablement.

A hospitalization which is due to or accelerated by, directly or indirectly, wholly or partly, one of the following causes shall not qualify as an "Hospitalization Event" and shall be expressly excluded:-

  1. intentional self-injury, intoxication under the influence of alcohol or drugs other than drugs taken in with treatment prescribed and directed by a qualified registered medical practitioner but not for the treatment of drug addiction, suicide, venereal disease or any physical defect or infirmity, childbirth or pregnancy;
  2. sickness or disease including any conditions or complications arising from or due to, whether directly or indirectly, the human immune-deficiency virus (AIDS);
  3. engaging in or taking part in parachuting, hang gliding, mountaineering, racing of any kind other than on foot;
  4. air travel except as a fare-paying passenger in a fully licensed passenger carrying aircraft, any crew, trade, sporting activity in connection with an aircraft;
  5. the Purchaser engaging in professional sports;
  6. any illegal or unlawful act by the Purchaser;
  7. the Purchaser engaging in any military exercises and/or warlike activities.

1.4.6. The words "Information for Claims" referred to in Clause 3.1 below shall without limiting the generality of the foregoing include the following:-

  1. declaration to COURTS' Insurer of particulars of all other insurances, if any;
  2. in an Involuntary Unemployment Event, (i) a copy of the written notice of termination of employment received by the Purchaser from the Purchaser's employer; (ii) a statutory declaration affirmed by the Purchaser stating that the unemployed Purchaser is actively seeking employment and the period of involuntary unemployment; (iii) written authorization from the Purchaser authorizing COURTS or its representatives, in a form satisfactory to COURTS to make such inquiries and to obtain such information and documents, as deemed appropriate by COURTS or its representatives, from such Purchaser's previous employers, doctors, health care providers, health care facilities, from any government department or agency having jurisdiction over the payment of benefits under Workmen's Compensation Act and its Amendments up-to-date, and from others deemed appropriate by COURTS or its representatives;
  3. police reports detailing the relevant Event;
  4. death certificates;
  5. medical reports, hospital bills and receipts etc.;
  6. in a Damage Event involving theft, photographs of forcible and violent entry or exit of the Building.

1.4.7. The word "Instalment" used in this Appendix shall mean and refer to the monthly instalment payable under the CSA Concerned and the SA on an aggregate basis. If a monthly instalment under the CSA Concerned is RM100.00 and under the SA is RM30.00, the monthly instalment eligible for the waiver is RM130.00.

1.4.8. The words "Involuntary Unemployment Event" shall mean the involuntary loss of employment of the Purchaser during the period of the CSA Concerned due to redundancy or retrenchment. It shall not be an "Involuntary Unemployment Event" if such loss of employment results directly or indirectly from any of the following:-

  1. retirement or early retirement;
  2. voluntary resignation;
  3. deception, fraud, criminal conduct, conflict of interest, willful misconduct or refusal to perform the duties connected with Purchaser's position;
  4. disciplinary dismissal;
  5. lock-out or strike;
  6. self-employment;
  7. expiry of a contract of employment for a fixed term;
  8. any illness, disease or physical condition for which medical advice, consultation, diagnosis or treatment was required or recommended during the 12 months prior to the commencement of the CSA Concerned and which manifests itself during the 12 month period following the commencement of the CSA Concerned;
  9. any disability as a result of injury or sickness;
  10. nervous breakdown, stress or burnout;
  11. non-confirmation of probationary staff.

1.5. Permanent total disablement referred to in Clause 1.4.3 shall mean disablement which entirely prevents the Purchaser from attending to any and every kind of occupation or profession and having lasted for a continuous period of 12 months and beyond reasonable hope of improvement. The expression "death" or "permanent total disablement" shall expressly exclude any death or permanent total disablement which is due to or accelerated by, directly or indirectly, wholly or partly, one of the following causes:-

1.5.1. intentional self-injury, intoxication under the influence of alcohol or drugs other than drugs taken in with treatment prescribed and directed by a qualified registered medical practitioner but not for the treatment of drug addiction, suicide, venereal disease or any physical defect or infirmity, childbirth or pregnancy;

1.5.1. sickness or disease including any conditions or complications arising from or due to, whether directly or indirectly, the human immune-deficiency virus (AIDS);

1.5.1. engaging in or taking part in parachuting, hang gliding, mountaineering, racing of any kind other than on foot;

1.5.1. air travel except as a fare-paying passenger in a fully licensed passenger carrying aircraft, any crew, trade, sporting activity in connection with an aircraft;

1.5.1. the Purchaser engaging in professional sports;

1.5.1. any illegal or unlawful act by the Purchaser;

1.5.1. the Purchaser engaging in any military exercises and/or warlike activities.

2. Waiver Under IWB

PROVIDED the Purchaser (or his personal representatives) is able to prove to COURTS' satisfaction that he qualifies, then subject to the terms and conditions contained in this Appendix and to the applicable limits stated in the IWB Table in relation to the type of Flexi Smart purchased by the Purchaser as stipulated in the Schedule, Part B of the SA, the Purchaser shall be entitled to the following waivers from COURTS:-

2.1. in a Damage Event, COURTS shall, subject to the maximum limits indicated in the 3rd column (Item 2.1) of the IWB Table, waive such portions of the Instalments payable by Purchaser, which remain unpaid under the CSA Concerned, relating to the totally damaged or stolen Goods and an equivalent percentage of the Instalments payable by the Purchaser to COURTS under the SA.

The maximum limit of waiver for any one item of Goods is the sum indicated in the 3rd column (Item 2.1(a)) of the IWB Table and/or the maximum aggregate limit of waiver is the sum indicated in the 3rd column (Item 2.1(b)) of the IWB Table.

2.2. in a Demise Event, COURTS shall, subject to the maximum limits indicated in the 3rd column (Item 2.2) of the IWB Table, waive all or such portions of the Instalments which remain unpaid by the deceased Purchaser under the CSA Concerned and the SA. The maximum limit of waiver for any one item of Goods is the sum indicated in the 4th column (Item 2.2(a)) of the IWB Table. In the event there are multiple CSA Concerned and/or other Service Agreements in relation to such Purchaser, the maximum aggregate limit of waiver for all CSA Concerned and Service Agreements, is the sum indicated in the 4th column (Item 2.2(b)) of the IWB Table.

2.3. in a Hospitalization Event, COURTS shall waive one (1) Instalment payment under the CSA Concerned and the SA for each day of hospitalization up to a maximum of three (3) days hospitalization and subject to a maximum of RM1,000 each per Instalment . The maximum waiver for the entire duration of the CSA Concerned and the SA shall not exceed the maximum number of monthly Instalments and the maximum amount of each Instalment as stated in the 5th column (Item 2.3) of the IWB Table.

2.4. in an Involuntary Unemployment Event, COURTS shall unless this Event is NOT applicable as stated in the 6th column of the IWB Table, waive one (1) Instalment payment under the CSA Concerned and the SA if the Purchaser remains so involuntarily unemployed for at least seven (7) consecutive working days in a particular calendar month. The maximum waiver for the entire duration of the CSA Concerned and the SA shall not exceed the maximum number of monthly Instalments and the maximum amount of each Instalment as stated in the 6th column (Item 2.4) of the IWB Table.

The waiver under this clause 2.4, will not apply unless the Purchaser whose involuntary unemployment is the basis of the claim for such waiver is actively seeking employment during the period of involuntary unemployment. A Purchaser shall cease to be eligible for the aforesaid waiver on the date of his or her 60th birthday, provided that the aforesaid waiver (subject to clause 2.5 below) may continue on any other Co-Purchaser until each such Co-Purchaser reaches his or her 60th birthday.

2.5. In the event there are Co-Purchasers under the CSA Concerned and SA, the amount of waiver and/or benefits under this IWB for the Purchaser and each Co-Purchaser shall be divided by the aggregate number of Purchaser and Co-Purchaser(s) under the CSA Concerned and SA.

2.6. In the event of total damage or theft of some only and not all of the Goods listed in the CSA Concerned, the amount of waiver will be the portion of the Instalments which would otherwise be payable by the Purchaser to COURTS under the CSA Concerned relating to the totally damaged or stolen Goods only and an equivalent percentage of the Instalments payable by the Purchaser to COURTS under the SA.

Conditions for Claiming Waiver & Purchaser Obligations

3.1. The Purchaser shall immediately after an Event has occurred, notify COURTS in writing of such Event and provide COURTS with such originals or certified true copies of all documents, details, particulars, information and/or verification as may be required by COURTS and prove to the satisfaction of COURTS that an Event has occurred ("Information for Claims"). All claims must in any event be notified to COURTS within ninety (90) days from date of occurrence. All rights, waivers, benefits and interests which the Purchaser may have under this IWB shall lapse and become null and void if this notification condition is not strictly complied with.

3.2. The Purchaser shall notify the police as soon as reasonably possible about any theft or attempted theft, or damage caused by malicious persons and co-operate with COURTS in securing the conviction of the offender.

3.3. The Purchaser shall without delay procure and act on proper medical or surgical advice. In the event of the death of the Purchaser notice shall where practicable be given to COURTS before internment or cremation stating the time and place of any inquest appointed and COURTS shall be entitled to have a post-mortem examination.

3.4. Notwithstanding anything to the contrary contained in this IWB, the Purchaser shall take all reasonable precautions to prevent loss, damage or accidents including:

3.4.1 the securing of all doors and windows and other means of entry;

3.4.2 compliance with all statutory obligations; and

3.4.3 maintenance of the Building in the Location in a good and substantial state of repair.

3.5. COURTS shall be entitled to provide any and all Information to third party(s) for the purpose of verifying the Purchaser's claim. The Purchaser hereby warrants that all information and particulars provided by the Purchaser to COURTS are correct and true.

3.6. COURTS or its representative(s) shall have the right and opportunity to examine the person whose disablement is the basis of claim when and as often as it may reasonably require during the pendency of claim or grant of any waiver hereunder.

3.7. COURTS or its representative(s) may enter a Building in which loss or damage has occurred and deal with the salvage in a reasonable manner without hereby incurring any liability and without diminishing COURTS' rights to rely on any conditions of this IWB and this IWB shall be proof of leave and licence for such purpose.

3.8. COURTS shall be entitled to any Goods, the loss of which a waiver was granted hereunder and Purchaser shall execute such assignments and assurances of such Goods as may be reasonably required in favour of COURTS or any of its nominee(s). Purchaser shall not be entitled to abandon any of the aforesaid Goods without first obtaining COURTS' written consent.

3.9. COURTS may at its sole and absolute discretion, immediately suspend (before if applicable, waiver in writing of) the obligation of the Purchaser to pay the requisite Instalments upon receipt of the Purchaser's claim properly substantiated by the Information for Claims. Notwithstanding anything to the contrary contained in this IWB, COURTS shall be absolutely entitled to forthwith lift such suspension, charge any interest for late payment on the Purchaser and make the necessary adjustments in the Purchaser's account, if the Purchaser's claim is subsequently rejected by COURTS as failing to satisfy the various criterion set out in the IWB and/or is discovered by COURTS to be false or otherwise howsoever.

3.10. In any action suit or other proceeding where COURTS allege that by reason of the provisions of this IWB, an Event does not qualify for the waiver(s), the burden of proving that such Event qualifies shall be upon the Purchaser.

4. Exclusions and Voidance of IWB

4.1. Notwithstanding anything to the contrary contained in the CSA Concerned and the SA, the IWB does not and will not apply to any CSA Concerned and the SA (a) with a duration exceeding the number of months stated in the 2nd column (Duration) of the IWB Table or (b) where the Purchaser is less than 18 years of age or more than 70 years of age at the commencement date of the CSA Concerned and the SA or (c) where the Purchaser is not a Malaysian citizen or Malaysian permanent resident, residing in Malaysia, and shall be null and void. If COURTS has inadvertently permitted a Purchaser (who is not eligible) to purchase Goods under the CSA Concerned, then as soon as practicable after COURTS' discovery of such mistake, COURTS shall refund a portion of the charges collected by COURTS in the SA, which is attributable to the IWB free of interest to the Purchaser. For the avoidance of doubt, no waiver and/or benefits of whatsoever nature under the IWB shall accrue to the Purchaser at any time whatsoever and the Purchaser shall not be entitled to any claim for any loss or damage of whatsoever nature against COURTS.

4.2. If any claim is in any respect fraudulent or if any fraudulent means or devices be used by the Purchaser or anyone acting on Purchaser's behalf to obtain any waiver and/or benefit hereunder or if any loss or damage be occasioned by the wilful act or with Purchaser's connivance all waiver and/or benefits under the IWB in relation to the CSA Concerned and SA shall be forfeited absolutely.

4.3. All waiver and/or benefits under the IWB in relation to the CSA Concerned and the SA shall be voidable in the event of misrepresentation, misdescription or non-disclosure of any material particulars.

4.4. Notwithstanding anything to the contrary contained in this IWB, the Purchaser shall not be entitled to any of the waiver and/or benefits if there are any arrears under the CSA Concerned and/or the SA at the time of submission of Purchaser's claim with COURTS and any waiver and/or benefits hereunder shall be forfeited absolutely.

4.5. The failure by a Purchaser to perform any actions required by COURTS or to provide COURTS with such information or documentation shall release COURTS from any obligation to waive the Instalments payable by the Purchaser and any waiver and/or benefits hereunder shall be forfeited absolutely.

4.6. All waiver and/or benefits relating to the relevant Event under the IWB shall not apply in any of the following circumstances and shall be expressly excluded:-

4.6.1. where the Event is directly or indirectly caused by or contributed to or arising from:

  1. Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
  2. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or any component thereof.

For the purpose of this exclusion, combustion shall include any self-sustaining process of nuclear fission.

4.6.2. where the Event arises from any consequence whether direct or indirect of:

  1. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, rebellion, revolution, insurrection or military or usurped power.
  2. Acts of terrorism committed by any person or persons acting on behalf of or in connection with any organization.

For the purpose of this exclusion, terrorism shall mean the use of violence for political ends and include any use of violence for the purpose of putting the public or any section of the public in fear.

4.6.3. where the Event is directly occasioned by pressure waves caused by aircraft and aerial devices travelling at sonic or supersonic speeds.

4.6.4. Property Damage Clarification Clause - Property damage shall mean physical damage to the Goods. Physical damage to the substance of property shall not include loss or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure. Consequently the following are excluded:

  1. Any loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs.
  2. Any business interruption losses resulting from (a) above.

4.6.5. Radioactive/Nuclear Energy Risks Exclusion Clause - where any Event is directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any sequence to the loss:

  1. Ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear or from the combustion of nuclear fuel.
  2. The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof.
  3. Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

4.6.6 Date Recognition Clause -

  1. where loss or damage including loss of use with or without physical damage, injury (including bodily injury), expenses is incurred or any consequential loss directly or indirectly caused by, consisting of, or arising from, the failure or inability of any computer, data, processing equipment, media microchip, operating systems, microprocessors (computer chip), integrated circuit or similar device, or any computer software, whether the property of the Purchaser or not, and whether occurring before, during or after the year 2000 that results from the failure or inability of such device and/or software as listed above to:

    1. correctly recognize any date as its true calendar date;
    2. capture, save, or retain, and/or correctly manipulate, interpret or process any data or information or command or instruction as a result of treating any date other than its true calendar date; and/or
    3. capture, save, retain or correctly process any data as a result of the operation of any command which has been programmed into any computer software, being a command which causes the loss of data or the inability to capture, save, retain or correctly process such data on or after any date.
  2. the repair or modification of any part of any electronic data processing system or any part of any device and/or software as listed above.
  3. where loss or damage including loss of use with or without physical damage, injury (including bodily injury) expenses incurred or any consequential loss directly or indirectly arising from any advice, consultation, design, evaluation, inspection, installation, maintenance, repair or supervision done by the Purchaser or for the Purchaser or by or for others to determine, rectify or test any potential or actual failure, malfunction or inadequacy described above.
  4. where consequential loss resulting from any continuing inability of the computer and equipment described above to correctly recognize any date as its true calendar date after the loss or damaged property has been replaced or repaired.

Such loss or damage, injury (including bodily injury), expenses incurred or any consequential loss referred to above, is excluded regardless of any other cause that contributed concurrently or in any other sequence to the same.

4.6.7. Sanction, Limitation and Exclusion Clause – If the IWB were to expose the insurers of COURTS to any sanction, prohibition or restriction under the United Nations, United States, United Kingdom and European Union resolutions or the trade or economic sanctions, laws or regulations of any jurisdiction applicable to that insurer.

4.7. All waiver and/or benefits under the IWB shall automatically cease and become null and void upon the Purchaser settling in full the Outstanding under the CSA Concerned (including early settlement) and the SA.

5. Certificate Final and Conclusive

5.1. A statement or certificate (with or without signature, whether issued by hand or computer generated) from COURTS shall be binding, conclusive and final evidence of the waiver and/or benefits the Purchaser is entitled to and/or the amount which COURTS is obliged (if liability is admitted by COURTS) to waive under this IWB and/or whether an alleged Event qualifies under this IWB.

5.2. Any authority, discretion, entitlement, liberty or right to determine granted to COURTS shall be unconditionally exercisable by COURTS at its absolute discretion, at any time and from time to time, without need for any prior notice or reference to Purchaser, and without need to rovide any reason for the exercise of such authority, discretion, entitlement, liberty or right.

The Purchaser and if applicable, the Co-Purchaser hereby acknowledge and declare that they have read and understood the terms and conditions stated herein and agree to be bound by the same.